Downers Grove Municipal Code. Chapter 7 BUILDINGS

Transcription

1 Chapter 7 BUILDINGS Sections: ART. Article I. IN GENERAL Creation of Enforcement Agency Limitation of liability of Village employees Rights, suits, etc., under prior ordinances preserved Definitions ART. Article 2. BUILDING OFFICIAL Building Official - Appointment Building Official Building Official - Qualifications Building Official - Duties Building Official - Cooperation of other officials Building Official - Right of entry ART. Article III. PERMITS Permits Required Application for Permit Action on Application Validity of Permit Expiration of permits Hours for work under permits Placement of Permit Suspension or Revocation of Permit ART. Article IV. CONSTRUCTION DOCUMENTS Construction Documents Site Plan Examination of Documents Approval of Construction Documents Phased Approval Amended Construction Documents ART. Article V. STOP WORK ORDER Authority Issuance Unlawful Continuance ART. Article VI. INSPECTIONS General Inspections Prior to the Commencement of Work Approval Required Certificates of inspection--required ART. Article VII. CERTIFICATES OF OCCUPANCY Use and Occupancy Certificate Issued Temporary Occupancy Revocation ART. Article VIII. FEES Payment of Fees. Page 1 of 73

2 Permit Fee Inspection and permit fees Re-Inspection Fee Occupancy permit fee ART. Article IX. BUILDING BOARD OF APPEALS Created ART. Article. X. PENALTIES Penalties Notice of Violation Fines ART. Article XI. INTERNATIONAL BUILDING CODE International Building Code Adoption International Building Code - Amendments ART. Article XII. INTERNATIONAL RESIDENTIAL CODE International Residential Code - Adoption International Residential Code - Amendments ART. Article XIII. LIFE SAFETY CODE National Fire Protection Life Safety Code - Adopted Definitions Life Safety Code - Amendments Applicability to Building Code Appeals Violations and penalties ART. Article XIV. PROPERTY MAINTENANCE CODE International Property Maintenance Code--Adoption International Property Maintenance Code - Amendments Penalties ART. Article XV. INTERNATIONAL ENERGY CONSERVATION CODE International Energy Conservation Code - Adopted International Energy Conservation Code - Amendments ART. Article XVI. FUEL GAS CODE International Fuel Gas Code - Adopted International Fuel Gas Code - Amendments ART. Article XVII. INTERNATIONAL MECHANICAL CODE International Mechanical Code - Adoption International Mechanical Code - Amendments ART. Article XVIII. SITE MANAGEMENT Demolition/Construction Site Management ART. Article IXX. ARCHITECTURAL CONTROL Decorative facing required ART. Article XX. HOUSE NUMBERING Required System for north and south streets System for east and west streets System for diagonal streets Base line for north and south streets Base line for east and west streets Furnishing numbering information. Section ART. Article I. IN GENERAL (Ord. 5077, Renumbered, 10/06/2009) Page 2 of 73

3 Section Creation of Enforcement Agency. The Department of Community Development is hereby created and the official in charge thereof shall be known as the building official. Section Limitation of liability of Village employees. The building official or any other Village employee charged with the enforcement of the Codes, acting in good faith and without malice for the Village in the discharge of his/her duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his/her duties. Any suit brought against the building official or other Village employee, because of such act or omission performed by him in the enforcement of any provisions of the Codes, shall be defended by the Village Attorney until final termination of the proceedings. (Ord. No. 1281, 5; Ord. No. 1586, 8.) (Ord. 5077, Renumbered, 10/06/2009; Ord. 4852, Amended, 02/20/2007, his to his/her(s)) Section Rights, suits, etc., under prior ordinances preserved. Nothing in this chapter or in the Codes shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby, nor shall any right or remedy of any character be lost, impaired or affected by this Chapter. (Ord. No. 1281, 12; Ord. No. 1586, 8.) (Ord. 5077, Renumbered, 10/06/2009) Section Definitions. For the purposes of the this Article, the following words and phrases shall have the meanings respectively ascribed to them by this chapter: Applicant. The person applying for a permit. Board. The Building Board of Appeals. Building official. The Director of Community Development of the Village or his/her designee. Code official. The Director of Community Development of the Village or his/her designee. Codes. the Building Code, Residential Code, Life Safety Code, Property Maintenance Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Electrical Code and Plumbing Code, as adopted and amended by the Village. Council. The Village Council of the Village of Downers Grove. Decorative facing. A finished exterior surface on a structure other than unfinished concrete block. Painted concrete block shall be considered unfinished. Provided, fluted, split faced and pre-stained concrete block, shall be permitted as a decorative facing. Director. The Director of Community Development of the Village of Downers Grove. Department of Building Safety and/or Department of Community Development. The Village of Downers Grove Community Development Department. Jurisdiction. The Village of Downers Grove. Legal counsel, legal officer, or legal representative. The Village Attorney for the Village of Downers Grove. Neighboring structure, proposed structure or property. A structure, proposed structure or property that is part of a zoning lot contiguous to the same street or intersecting street and within two hundred fifty feet Page 3 of 73

4 as measured perpendicular to and along that street or streets. Remodeling. Any material change to the exterior structure or appearance of a structure. Structure. Any building, accessory building, tower or sign on a zoning lot of the Village. Work Area. The area established on plans or elsewhere in the construction documents defining the limits of the construction within a building, tenant space or site. Construction activities include alterations and additions of structural, electrical, life safety, plumbing, HVAC, roof assemblies and similar activities. Work Area will typically be the square footage established by drawing a polygonal shape around the area where physical work must occur. For the purposes of calculating fees, Work Area shall not include those areas within a building, tenant space or site where no construction work is occurring and any locations where the work is incidental to the primary work area. Such fees shall not be charged in areas where finished surfaces are opened for the sole purpose of installing and/or upgrading the fire detection and/or suppression systems. The Work Area shall be determined by the Community Development Director. Zoning lot. A lot or combination of lots improved with a structure as defined in the Zoning Ordinance of the Village. (Ord. No. 1281, 8; Ord. No. 1586, 8; Ord. No. 2143, 3; Ord. No. 2544, 2.) (Ord. 5077, Renumbered, 10/06/2009; Ord. 5052, Amended, 04/07/2009; Ord. 4852, Amended, 02/20/2007, his to his/her(s); Ord. 4801, Amended, 08/01/2006; Ord. 4661, Amended, 04/05/2005; 4213, Amended, 08/15/2000) Section ART. Article 2. BUILDING OFFICIAL Section Building Official - Appointment. The Village Manager shall appoint the building official who shall serve from time to time at the pleasure of the Village Manager. (Ord. No. 1281, 2; Ord. No. 2261, 26.) (Ord. 5077, Renumbered, 10/06/2009) Section Building Official. For purposes of this Chapter, the term "building official" shall refer to the Director of Community Development of the Village or his/her designee. (Ord. No. 2544, 1.) (Ord. 5077, Renumbered, 10/06/2009; Ord. 4852, Amended, 02/20/2007, his to his/her(s); Ord. 4801, Amended, 08/01/2006; 4213, Amended, 08/15/2000) Section Building Official - Qualifications. To be eligible to appointment, a candidate for the position of building official shall have had experience as an architect, structural engineer, building inspector or superintendent of building construction. He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process or device entering into or used in or in connection with building construction, alterations, removal or demolition. (Ord. No. 1281, 3.) (Ord. 5077, Renumbered, 10/06/2009; 3662, Amended, 08/01/1994) Section Building Official - Duties. (A) General. The building official shall devote his/her whole time to the duties of his/her office. He shall receive applications required by the Building Code, review construction documents, issue permits and furnish the Page 4 of 73

5 prescribed certificates. He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. He shall enforce all provisions of the Building Code. He shall, when requested by proper authority or when the public interest so requires, make investigations in connection with matters referred to in the Building Code and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities in buildings and structures, he shall issue such notices or orders as may be necessary. (B) Inspections. Inspections required under the provisions of the Building Code shall be made by the building official or his/her duly appointed assistant. The building official may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. The building official may engage expert opinions to report on unusual technical issues, subject to approval by the Village Manager or Village Council as the case may be. No certificate called for by any provision of the Building Code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service. (C) Records. The building official shall keep comprehensive records of applications, of permits issued, of fees received, of certificates issued, of inspections made, of reports rendered and of notices or orders issued. Such records shall be retained for the period required by law. All such records shall be open to public inspection for good and sufficient reasons at the stated office hours of the office of the building official, but shall not be removed from the office of the building official without his/her written consent. (D) Reports. The building official shall make written reports to his/her immediate superior, once each month, or more often if requested, including statements of permits and certificates issued and orders promulgated. (E) Interpretations. The building official shall have the authority to render interpretations of these Codes and to adopt policies and procedures to clarify the application of its provisions, which shall be in compliance with the intent of these Codes and which shall not have the effect of waiving requirements specifically provided herein. (F) Identification. The building official shall carry proper identification when inspecting structures or premises in the performances of duties under these Codes. (Ord. No. 1281, 4; Ord. No. 2261, 27.) (Ord. 5077, Renumbered, 10/06/2009; Ord. 4852, Amended, 02/20/2007, his to his/her(s)) Section Building Official - Cooperation of other officials. The building official may request and shall receive so far as may be necessary, in the discharge of his/her duties, the assistance and cooperation of other officials of the Village. (Ord. No. 1281, 6.) (Ord. 5077, Renumbered, 10/06/2009; Ord. 4852, Amended, 02/20/2007, his to his/her(s)) Section Building Official - Right of entry. To the extent permitted by law the building official and any appointed assistant, in the discharge of their official duties and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. (Ord. No. 1281, 7.) (Ord. 5077, Renumbered, 10/06/2009) Page 5 of 73

6 Section ART. Article III. PERMITS Section Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the Building Codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Work conducted in violation of this section shall be subject to a fine in accordance with Article X of this Chapter. Section Application for Permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Department of Community Development for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required. 5. State the valuation of the proposed work. 6. Be signed by the application or the applicant's authorized agent. 7. Give such other date and information as required by the building official. 8. Provide the property owners name and current address. Section Action on Application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. Section Validity of Permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of the Village. Page 6 of 73

7 Section Expiration of permits. a. All permits shall be valid for a period of one (1) year from the date of issuance with the exception of fence and demolition permits. Permits shall become invalid if the work authorized thereby is suspended or abandoned for a period of thirty (30) days after the work is commenced. All extensions of permit time shall be calculated at twenty-five percent (25%) of the original total permit fee and shall extend the life of the permit for a six (6) month period. Extensions shall be requested in writing with justifiable cause demonstrated. Fence and demolition permits shall be valid for six (6) months from the date of issuance. b. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at the request of the applicant prior to lapsing due to time limits, and no work has been done, all but a basic fee to cover costs incurred by the building department and the plan review fee may be refunded. (Ord. No. 1791, 1; Ord. No. 2857, 5.) (Ord. 5077, Renumbered, 10/06/2009; Ord. 4801, Amended, 08/01/2006; 4213, Amended, 08/15/2000; 4186, Amended, 04/04/2000) Section Hours for work under permits. No work authorized by a permit required by the Codes that causes any noise or vibration detectable without the aid of any device or instrument at or beyond the lot line of the lot to which the permit relates shall be performed in accordance with the noise regulations as set forth in Section (Ord. No. 1791, 2.) (Ord. 5077, Renumbered, 10/06/2009) Section Placement of Permit. Evidence of a building permit issued by the Village of Downers Grove shall be conspicuously displayed on the site of the work until completion of the project. (Ord. 5153, Amended, 10/05/2010; Ord. 5077, Added, 10/06/2009) Section Suspension or Revocation of Permit. The building official is authorized to suspend or revoke a permit issued under the provisions of the Codes wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information or in violation of any ordinance, regulation or any provision of the Codes. Section ART. Article IV. CONSTRUCTION DOCUMENTS Section Construction Documents. Construction documents, statement of special inspections and other data shall be submitted in two (2) or more sets with each permit application. The construction documents shall be prepared by an Illinois licensed architect or structural engineer. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Page 7 of 73

8 Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of the Codes and relevant laws, ordinances, rules and regulations, as determined by the building official. Section Site Plan. The construction documents prepared by an Illinois licensed design professional and submitted with the application or permit shall be accompanied by a site plan and a plat of survey showing the site and location of new construction and existing structures on the site and distances from the lot lines. The site plan shall also include the following information: 1. Any structures, or portions thereof, to be demolished; 2. Any items as indicated by Section of the Municipal Code. Section Examination of Documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examination, whether the work indicated and described is in accordance with the requirements of the Codes and other pertinent laws or ordinances. Section Approval of Construction Documents. When the building official issues a permit, the construction documents shall be approved in writing or by stamp. One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. Section Phased Approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of the Codes. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Section Amended Construction Documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. Page 8 of 73

9 Section ART. Article V. STOP WORK ORDER Section Authority. Whenever the building official finds any work regulated by the Codes being performed in a manner either contrary to the provisions of the Codes or dangerous or unsafe, the building official is authorized to issue a stop work order. Section Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. Section Unlawful Continuance. A violation or unsafe condition, shall be subject to penalties as prescribed this ordinance. Section ART. Article VI. INSPECTIONS Section General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Section Inspections Prior to the Commencement of Work. For projects involving excavation, site or foundation work in excess of six hundred (600) square feet, an inspection of the pre-construction site conditions shall be required to determine compliance with the Village of Downers Grove Construction Site Management Ordinance, Article XVIII of this Chapter, prior to the commencement of construction activities on the site. Section Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining Page 9 of 73

10 the approval of the building official. The building official, upon notification, shall make the required inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portions shall not be covered or concealed until authorized by the building official. Section Certificates of inspection--required. Upon the completion of the construction in or on any building or structure, it shall be the duty of the person doing the work to request an inspection by the Community Development Department. If such construction conforms to the requirements of this Chapter, a written certificate of satisfactory inspection shall be issued. One (1) copy of the certificate shall be delivered to the person which is to furnish electrical service, and one (1) copy shall be retained in the Village files. The certificate of inspection shall contain the date of such inspection, the location or address of the construction by street number or lot number, the name of the person actually completing the work, and the name of the person for whom the construction work was performed. Each job for which a permit is issued shall be entitled to one (1) rough inspection and one (1) final inspection and each business or multiple family dwelling which is licensed by the Village of Downers Grove shall be entitled to one (1) inspection and one (1) re-inspection per license period. (Ord. 5077, Renumbered, 10/06/2009; 4801, Amended, 08/01/2006, "code services" to "community development"; 4213, Enacted, 08/15/2000) Section ART. Article VII. CERTIFICATES OF OCCUPANCY Section Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certification of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Section Certificate Issued. After the building official inspects the building and finds no violations of the provisions of the Codes or other laws that are enforced by the Community Development Department, the building official shall issue a certificate of occupancy that contains the 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. Page 10 of 73

11 7. The edition of the Codes under which permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 28 of the Downers Grove Municipal Code. 9. The type of construction. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. Section Temporary Occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set an expiration date for the temporary certificate of occupancy. Section Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy issued under the provisions of the Codes wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of the Codes. Section ART. Article VIII. FEES Section Payment of Fees. A permit or any amendment thereto and/or a certificate of occupancy shall not be valid or released until all fees have been paid. Section Permit Fee. Upon application for any permit required by the Codes, or any amendment thereto, the applicant shall pay a permit fee to the Village collector in accordance with the provisions of this section; any amendment to a permit shall not be approved until additional fees, if any, due to the need for a reexamination of plans shall have been paid. No fees shall be refunded once a permit has been issued. (Ord. No. 1586, 5; Ord. No. 2584, 5; Ord. 3336, 2; Ord. No. 3378, 1.) (Ord. 5077, Renumbered, 10/06/2009; Ord. 5052, Amended, 04/07/2009; 4213, Amended, 08/15/2000) Section Inspection and permit fees. No permit as required by the Code shall be issued until all fees have been paid to the Village, nor shall an amendment to a permit be approved until the additional fees, if any, due to an increase in the estimated size of the building structure shall have been paid. Fees shall be calculated based upon the Work Page 11 of 73

12 Area. The following fees are hereby imposed in the amount as set forth in Administrative Regulation entitled "User-Fee, License and Fine Schedule": 1. Permit Fees: a. Demolition Permit b. New Constructing Permit for Accessory Buildings, Residential or Non-Residential Associated Buildings c. Permit for Residential or Non-Residential Additional, Alterations and Repairs d. Heating and Mechanical Ventilation Systems e. Canopy Awning or Alteration f. Deck Permit g. Swimming Pool/Hot Tub Permit h. Other work requiring permit (i.e. roof repair/replacement, concrete work, commercial equipment, structural repairs, etc.) 2. Inspection Fees: a. Inspection, General b. Elevators, Escalators, Lifts, Hoists, Dumbwaiters, Conveyors Inspection. After initial inspection such shall be required to have maintenance inspections conducted twice per year. 3. Other: a. In addition to any demolition fee, there shall be an administrative fee as set forth in Administrative Regulation entitled "User-Fee, License and Fine Schedule" assessed for required signage (k). b. Water for Construction or Demolition: Temporary construction or demolition water shall be paid for at the rate established in Chapter of the Downers Grove Municipal Code. c. Plumbing fixtures. Fees for inspection of plumbing fixtures installed shall be governed by the provisions of Chapter 16. d. Permits for sewer and drain connections. Fees for inspection of sewer and drain connections shall be governed by the provisions of Chapter 16. e. Fees for permit to erect a new sign or to repair an existing sign shall be governed by provisions of Section B of the Comprehensive Zoning Ordinance of the Village, passed and approved April 19, 1965, as amended. (Ord. No. 1281, 10; Ord. No. 1586, 4; Ord. No. 2913, 2; Ord. No. 3336, 1.) (5392, Amended, 06/15/2014, Updates due to Zon Ord re-write; Ord. 5138, Amended, 05/18/2010; Ord. 5132, Amended, 04/20/2010; Ord. 5077, Renumbered, 10/06/2009; Ord. 5052, Amended, 04/07/2009; Ord. 4979, Amended, 06/03/2008; Ord. 4801, Amended, 08/01/2006; Ord. 4698, Amended, 07/19/2005; Ord. 4684, Amended, 06/07/2005; Ord. 4533, Amended, 09/16/2003; Ord. 4493, Amended, 04/01/2003; 4417, Amended, 06/04/2002; 4385, Amended, 03/05/2002; 4213, Amended, 05/15/2000; 4101, Amended, 02/08/1999; 3885, Amended, 09/30/1996) Section Re-Inspection Fee. The fee for additional re-inspections made necessary due to failure to correct violations discovered during the initial inspections shall be as set forth in Administrative Regulation entitled "User-Fee, License and Fine Schedule" per re-inspection. (Ord. 5138, Amended, 05/18/2010; Ord. 5077, Added, 10/06/2009) Page 12 of 73

13 Section Occupancy permit fee. The following certificates shall be subject to fees as set forth in Administrative Regulation entitled "User-Fee, License and Fine Schedule": Certificate a. Original certificate of occupancy b. Certificate of Ordinance Compliance c. Temporary certificate of occupancy for each dwelling, business, commercial or manufacturing use of a section or part of a building which is to be occupied prior to completion of the entire building which shall be good for no more than one hundred twenty (120) days. (Ord. No. 3336, 3; Ord. No. 3378, 2.) (Ord. 5138, Amended, 05/18/2010; Ord. 5077, Renumbered, 10/06/2009; Ord. 5052, Amended, 04/07/2009; Ord. 4852, Amended, 02/20/2007, his to his/her(s); 4801, Amended, 08/01/2006, "code services" to "community development"; 4213, Amended, 08/15/2000) Section ART. Article IX. BUILDING BOARD OF APPEALS Section Created. (A) Appointment. There is hereby established in the Village a board to be called the Building Board of Appeals, consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction and who shall be appointed by the Village Manager, subject to the approval of the Village Council. Members shall hold office for their designated terms and until their successors have been appointed. The Village Manager shall designate one of the members to serve as chairman. Members shall consist of the an architect, a structural engineer, and an engineer or contractor with experience in each of the following fields - fire protection, electrical, plumbing, mechanical or general contracting. (B) Term of office. The Village Manager shall appoint seven members for staggered terms of three years. Vacancies shall be filled for an unexpired term in the manner in which the original appointments are required to be made. Continued absence of any member from regular meetings of the board shall, at the discretion of the Village Manager, render any such member liable to immediate removal from office by the Village Manager. (C) Affirmative votes. In varying the application of any provision of these Codes or in modifying an order of the building official, affirmative votes of four members shall be required. No member of the board shall vote upon any question in which he, or any corporation in which he is a shareholder, or is otherwise interested. (D) Meetings and records. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. All hearings before the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such facts, and shall also keep records of its examinations and other official action. Such minutes and such records shall be public records. (E) Procedure. The board shall establish rules and regulations for its own procedure not inconsistent with the Page 13 of 73

14 provisions of this Code. (F) Appeals. a. Any person aggrieved or the head of any agency of the municipality may take an appeal to the Board of Appeals from any decision of the building official. b. An appeal may be taken within thirty days from the date of the decision appealed, by filing with the building official and with the Board of Appeals a notice of appeal, specifying the grounds thereof, except that in the case of a building or structure which in the opinion of the building official, is unsafe or dangerous, the building official may in his/her order limit the time for such appeal to a shorter period. The building official shall forthwith transmit to the Board of Appeals all the papers upon which the action appealed from was taken. (G) Modifications and variations by the Board of Appeals. a. The Board of Appeals, when so appealed to and after a public hearing, may vary the application of any provision of these Codes to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of these Codes or public interest, or when, in its opinion, the interpretation of the building official should be modified or reversed. b. A decision of the Board of Appeals to vary the application of any provision of these Codes, or to modify an order of the building official, shall specify in what manner such variation or modification is made, the conditions upon which it is made, and the reasons therefor. (H) Decisions of the Board of Appeals. a. The Board of Appeals shall in every case reach a decision without unreasonable or unnecessary delay. Every decision of the Board of Appeals shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the building official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two (2) weeks after filing. b. If a decision of the Board of Appeals reverses or modifies a refusal, order, or disallowance of the building official, or varies the application of any provision of these Codes, the building official shall take action immediately in accordance with such decision. (I) Appeals from decisions of the Board of Appeals. A person aggrieved by a decision of said board, whether previously a party to the proceeding or not, may, within fifteen (15) days after the filing of the decision in the office of the building official, appeal to the appropriate court to correct errors of law in such decisions. Section ART. Article. X. PENALTIES Section Penalties. Violation penalties. A person who shall violate a provision of the Codes or fails to comply therewith or with any of the requirements thereof, or who shall erect, construct, add to or alter, move or demolish, or has erected, constructed, added to or altered, moved or demolished a building or structure or portion thereof, in violation of a detailed statement or plan submitted and approved thereunder, or of a permit or certificate issued thereunder, shall be guilty of a petty offense; also the owner of a building or structure, or portion thereof, or of the premises where anything in violation of the Codes shall be placed or shall exist, and an architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who assisted in the commission of such violation. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of the Codes is committed or Page 14 of 73

15 continued and upon conviction of such violation each such person shall be punished as provided in Section 1-15 of the Downers Grove Municipal Code. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, addition, alteration, conversion, removal, demolition, maintenance or use or to restrain, correct or abate a violation, or to prevent the occupancy of a building or structure or portion thereof, or of the premises, or to prevent an illegal act, conduct, business or use in or about any premises. (Ord. No. 1281, 11; Ord. No. 1586, 8; Ord. No, 2209, 2,3; Ord. No. 2584, 4; Ord. No. 2857, 4.) (Ord. 5077, Renumbered, 10/06/2009) Section Notice of Violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions os these Codes, or in violation of a permit or certificate issued under the provisions of these Codes. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Section Fines. One hundred percent (100%) of a permit fee shall be added if work is started without a permit in accordance with Section 1.16 of the Downers Grove Municipal Code. Section ART. Article XI. INTERNATIONAL BUILDING CODE Section International Building Code Adoption The International Code Council International Building Code, as promulgated by International Code Council ("ICC"), being particularly the 2006 edition thereof, is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties required for such purposes. The same is adopted in its entirety, save and except such portions as are hereinafter deleted, modified or amended, and is, together with such amendments, incorporated as fully as if set out at length herein, and shall control in the construction of all buildings and structures therein regulated within the Village. Said Building Code, as modified and amended, may be referred to for all purposes as the "Downers Grove Building Code" or the "Building Code". At least one copy of said Code, including such amendments to it as shall be enacted, shall be filed in the office of the Village Clerk, and additional copies shall be available in the Community Development Department of the Village. (Ord. No. 1281, 1; Ord. No. 1586, 1; Ord. No. 2143, 2; Ord. No. 2584, 2; Ord. No. 2857, 2; Ord. No. 3184, 2; Ord. No. 3391, 2.) (Ord. 5076, Renumbered, 10/06/2009; 4801, Amended, 08/01/2006, "code services" to "community development"; Ord. 4661, Amended, 04/05/2005; 4213, Amended, 08/15/2000; 3940, Amended, 06/09/1997; 3662, Amended, 05/01/1994) Section International Building Code - Amendments. The deletions from and modifications and amendments to the 2006 International Building Code as referred to Page 15 of 73

16 in this Article are the CHAPTER 1 Section is amended by deleting the same in its entirety and by substituting in lieu thereof the Title. These regulations shall be known as the Building Code of the Village of Downers Grove, hereinafter referred to as "this code". Section is amended by deleting the same in its entirety and by substituting in lieu thereof the Electrical. The provisions of the National Electrical Code, as adopted and amended by the Village, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, lfixtures fittings and appurtenances thereto. Section is amended by deleting the same in its entirety and by substituting in lieu thereof the Plumbing. The provisions of the State of Illinois Plumbing Code, as adopted and amended by the Village, shall apply to the installation, alteration, repair, and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water sewage system and all aspects of a medical gas system. The provisions of the Village of Downers Grove Municipal Code shall apply to private sewage disposal systems. Section 102 is amended by deleting the same in its entirety and addressed in Chapter 7, Article I of the Downers Grove Municipal Code. Section 103 is amended by deleting the same it in its entirety and addressed in Chapter 7, Article II of the Downers Grove Municipal Code. Section through Section are amended by deleting the same in their entirety and addressed in Chapter 7 Article II of the Downers Grove Municipal Code. Section is amended by deleting the first sentence. Section is amended by deleting the same it in its entirety. Section is amended by deleting the same it in its entirety. Section is amended by deleting building conditions 1 through 13 in their entirety and by substituting in lieu thereof the Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the Building: 1. One-story detached accessory structures used as tool, storage sheds, and similar uses with a floor area not exceeding one hundred (100) square feet. 2. Retaining walls that are not over three (3) feet in height measured from grade to the top of the wall. 3. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work. 4. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground. Page 16 of 73

17 5. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches in height. Section through Section are amended by deleting the same in their entirety and addressed in Chapter 7 Article III of the Downers Grove Municipal Code. Section through Section are amended by deleting the same in their entirety and addressed in Chapter 7, Article IV of the Downers Grove Municipal Code. Section through Section are amended by deleting the same in their entirety and addressed in Chapter 7, Article VII of the Downers Grove Municipal Code. Section through Section are amended by deleting the same in their entirety and addressed in Chapter 7, Article V of the Downers Grove Municipal Code. Section is amended by deleting the same in its entirety and by substituting in lieu thereof the Other Inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the Village. Additional inspections may include the following as applicable to the project: 1. Foundation and draintile prior to backfill. 2. Underground and rough utilities 3. Plumbing stack test 4. Insulation 5. Electrical services prior to activation 6. Rough ceilings 7. All fire and life safety systems as required by the code official. Section 110 is amended by deleting the same in its entirety and addressed in Chapter 7, Article VII of the Downers Grove Municipal Code. Section 112 is amended by deleting the same in its entirety and addressed in Chapter 7, Article IX of the Downers Grove Municipal Code. Section 113 is amended by deleting the same in its entirety and addressed in Chapter 7, Article X of the Downers Grove Municipal Code. Section 115 is amended by deleting the same in its entirety and by substituting in lieu thereof the 115 Unsafe structures and equipment. The provisions of the International Property Maintenance Code as adopted and amended by the Village shall apply. CHAPTER 2 Section 202 is amended as follows: 202 Definitions. The definition of Vapor Retarder is amended by deleting the same in its entirety and by substituting in lieu thereof the Page 17 of 73

18 Vapor Retarder Class. A measure of a material or assembly s ability to limit the amount of moisture that passes through that material or assembly. Vapor retarder class shall be defined using the desiccant method of ASTM E-96 as follows: Class I: 0.1 perm or less Class II: perm is greater than.1 and less than or equal to 1.0 perm Class III: perm is greater than 1.0 and less than or equal to 10 perm CHAPTER 4 Section is amended by deleting the first paragraph in its entirety and by substituting in lieu thereof the Applicability. The provisions of this section shall apply to buildings with an occupied floor located more than fifty-five (55) feet above the lowest level of Fire Department vehicle access as measured from grade to the floor elevation of the top occupied floor. All exceptions shall remain, however, Exception #2 shall be deleted in its entirety. Section is amended by deleting the exceptions thereto in their entirety. Section shall be amended by deleting the same in its entirety and by substituting in lieu thereof the Stairway communications system. See Section for requirements. Section shall be amended by deleting the same in its entirety and by substituting in lieu thereof the Smokeproof exit enclosures. Every required stairway serving floors more than fifty-five (55) feet above the lowest level of fire department vehicle access measured from grade to the floor elevation of the top occupied floor shall comply with Sections and Section shall be amended by deleting the first paragraph in its entirety and by substituting in lieu thereof the Canopies. Canopies under which fuels are dispensed shall have a clear, unobstructed height of not less than thirteen (13) feet six (6) inches to the lowest projecting element in the vehicle drive-through area. Canopy structures and their supports over pumps shall be of noncombustible materials. Plastic facing material shall comply with the All exceptions shall remain, however, Exception #1 shall be deleted in its entirety. Section shall be amended by deleting the "ICC Electrical Code" and by substituting in lieu thereof the "National Electric Code as adopted and amended by the Village. Section shall be amended by deleting the "International Plumbing Code" and by substituting in lieu thereof the "State of Illinois Plumbing Code as adopted and amended by the Village" Section is amended by deleting the words ICC Electrical Code and substituting in lieu thereof the "National Electrical Code as adopted and amended by the Village". Page 18 of 73

19 CHAPTER 5 Table 503 is amended as follows: 1. Type V-A and V-B is not permitted for all use groups governed by this code in all zoning districts. 2. Type III-A, III-B, and IV shall be limited to no more than thirty-five (35) feet in story height as defined by this code above the lowest level of Fire Department vehicle access for all use groups. 3. Type III-A, III-B, shall not be permitted in the downtown business (DB) and downtown transition (DT) zoning districts. Exception: Restoration or remodeling for existing non-conforming structures of type V-A, V-B, III-A, III-B shall be permitted when the project area does not exceed thirty-five percent (35% )of the total building square footage. Section shall be amended by adding the following provision at the end of the first paragraph: "This section shall not be applied to Type III-B construction." Section shall be amended by deleting the first paragraph in its entirety and substituting in lieu thereof the following paragraph: General. With the exception of Type III-B construction, the areas limited by Table 503 shall be permitted to be increased due to frontage and automatic sprinkler system protection in accordance with the Section is amended by deleting the same in its entirety. Section shall be amended by deleting the first paragraph in its entirety and substituting in lieu thereof the following paragraph: Sprinklered one story. The area of a one-story, Group B, F, M or S building or a one-story Group A-4 building, of other than Type V and Type III-B construction, shall not be limited when the building is provided with an automatic sprinkler system throughout it in accordance with Section and is surrounded and adjoined by public ways or yards not less than sixty (60) feet (18 288mm) in width. Exception #2 is deleted in its entirety. The first sentence of Exception #3 is amended to read as follows: Group A-1 and A-2 occupancies of other than a Type III-B or Type V construction shall be permitted, provided: Section shall be deleted in its entirety and substituting in lieu thereof the Two story. The area of a two-story, Group B, F, M or S building of other than a Type III-B or Type V construction shall not be limited when the building is equipped throughout with an automatic sprinkler system in accordance with Section , and is surrounded and adjoined by public ways or yards not less than sixty (60) feet ( mm) in width. Section is amended to add the following exception: Exceptions: 1. See Table 503 as amended. Section is amended by deleting the same in its entirety. Section is amended to add the words "as amended" following the phrase "limitations in Section 503" in the second sentence of the first paragraph. Page 19 of 73

20 CHAPTER 6 Table 601 is hereby amended to read as follows: Table 601 Fire-Resistance Rating Requirements for Building Elements (hours). See Table 503, as amended, for construction type restrictions. Table 602 is hereby amended to read as follows: Table 602 Fire-Resistance Rating Requirements for Exterior Walls Based on Fire Separation Distance. See Table 503, as amended, for construction type restrictions. Section is amended by deleting the words International Plumbing Code and substituting in lieu thereof the "the State of Illinois Plumbing Code as adopted and amended by the Village" Section is amended by deleting the words ICC Electrical Code and substituting in lieu thereof the "the National Electrical Code as adopted and amended by the Village" CHAPTER 7 Section Exception #5 is amended by deleting the words International Plumbing Code and substituting in lieu thereof the "State of Illinois Plumbing Code as adopted and amended by the Village" CHAPTER 9 Section is amended by deleting the same in its entirety and by substituting in lieu thereof the Supervisory Service. All fire protection systems shall be supervised by a connection to the Village Operations Center in the manner specified by Section of the Municipal Code. All alarm and detection services shall transmit alarm, supervisory, and trouble signals. Section is amended by deleting Exception #1 and Exception #2 in their entirety. Section is amended by deleting the Exception in its entirety. Section is hereby added as follows: NFPA Standard editions. The following NFPA standards editions including all appendices and hereby adopted: NFPA 13, the most current edition NFPA 13-D, the most current edition NFPA 13-R, the most current edition NFPA 14, the most current edition NFPA 20, the most current edition NFPA 25, the most current edition NFPA 96, the most current edition NFPA 30B, the most current edition Page 20 of 73